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Wrongly Accused in Traffic Accident

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by trek, Dec 6, 2008.

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  1. trek

    trek Law Topic Starter New Member

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    Oh k here's how it goes....last night I was heading east on a main road going about 40mph and the speed limit was 40. Out of nowhere a white nissan murano pulls in front of me and I slam on my brakes and clip the rear drivers side of her car. Now she was heading north, crossing the intersection and she had a stop sign. The cop came and we both gave our renditions about the accident. After all said and done I received a ticket for failure to yield to overtaking vehicle statue 316.083(2). All the women received a ticket for was driving without a license.

    The problem I am going to have now is the ticket makes it sound like it was my fault. Which I believe is totally outrageous. I don't think I will be able to have her insurance pay for my damages because of the ticket.
     
  2. CdwJava

    CdwJava Moderator

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    Here is the offense under Florida state law:

    316.083 Overtaking and passing a vehicle.--The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated:

    (1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall give an appropriate signal as provided for in s. 316.156, shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. The driver of a vehicle overtaking a bicycle or other nonmotorized vehicle must pass the bicycle or other nonmotorized vehicle at a safe distance of not less than 3 feet between the vehicle and the bicycle or other nonmotorized vehicle.

    (2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle, on audible signal or upon the visible blinking of the headlamps of the overtaking vehicle if such overtaking is being attempted at nighttime, and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.

    (3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

    Apparently the investigating officer believes that you may have merged to the left too soon behind the overtaking vehicle.

    You might consider contacting an attorney.

    - Carl
     
  3. trek

    trek Law Topic Starter New Member

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    The investigating officer is a retard because I was heading east and the women who basicly ran a stop was heading north. We were not heading parallel to each other.
     
  4. CdwJava

    CdwJava Moderator

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    He cited the incorrect section - that's NOT the same as being "a retard". Consider yourself fortunate, because you ought to be able to prevail if the charge is not amended prior to trial.

    But, go into court with that attitude, and expect the judge to find some way to allow it to be amended there on the spot.

    - Carl
     
  5. trek

    trek Law Topic Starter New Member

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    Correct retard was the wrong word. Idiot is more like it. Im going to a lawyer today to take care of the ticket and hopefully I will be able in someway get this women to pay for my damages.
     
  6. CdwJava

    CdwJava Moderator

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    "Idiot"? Ah, I don't suppose you have ever been expected to memorize a few hundred codes, many with overlapping areas of responsibility.

    Well, don't go into court with THAT attitude, either, or you'll swiftly alienate the judge.

    As I said, take it as a gift that he (apparently) cited the wrong section because you can probably beat that. And since insurance companies are NOT bound by the conclusions of ANY police report, they are free to make their recommendations based on whatever factors they deem worthy. Let your insurance company handle the collision - that's what you pay them for ... assuming, of course, that you have insurance.

    - Carl
     

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